If Ihave a stay away order on my boyfriend butI allowed him to come over and stay, what happens now that he’s been arrested?

He’s been charged with tresspassing and violating the order. What kind of trouble am I in? Now I’ve been subpoenad to go to court in CA. Should I let them know that I allowed him over and he didn’t just walk in? Someone opened the door and let him in so how could that be trespassing?

Asked on July 17, 2010 under Criminal Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A stay away order is an injunction issued by the court telling one party to stay away from the other.  Even if you invited him he still violated it by coming over.  He should not have to avoid being arrested.  The trespassing is the least of his troubles.  That will be the easiest to get out of.  Yes, you have to tell the truth and tell them that you invited him over.  It still does not change the fact that it was a violation to come but the Judge may go a bit easier on him.  He should seek legal help and you too should seek some help together too. There must have been a good reason that the order was issued in the first place.  Think about things.  Good luck.

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